R.C. 2923.13 makes it a third-degree felony to knowingly acquire, carry, or use a firearm or dangerous ordnance while under a legal “disability” — for example, while under indictment for or convicted of a felony of violence or a felony drug offense, or while drug- or alcohol-dependent. It frequently accompanies drug and other charges, and a related firearm specification can add mandatory time elsewhere.
The State must prove both that you were under a qualifying disability and that you knowingly possessed the weapon. Constructive-possession disputes (a gun in a shared home or car) and unlawful searches are the most common — and most effective — defenses.
How Ohio Classifies & Punishes Having Weapons While Under Disability
| Circumstance | Classification | Exposure |
|---|---|---|
| Having weapons while under disability | Felony 3 | 9–36 months prison |
| With certain prior/aggravating circumstances | Felony 3 | Higher minimum; possible consecutive time |
How We Defend Having Weapons While Under Disability Charges
An arrest is an accusation, not a verdict. Our defense of a having weapons while under disability charge begins with the questions the State would rather not answer:
- Whether you knowingly possessed the firearm (constructive-possession disputes).
- Whether any search of your person, car, phone, or home complied with the Fourth Amendment — illegally obtained evidence can be suppressed.
- Whether a qualifying legal disability actually existed at the time.
- Whether the police had a lawful basis for the stop, the detention, or the encounter that led to the charge.
- Whether the item qualifies as a firearm/dangerous ordnance as charged.
We bring that same disciplined approach — testing every procedure, every protocol, and every piece of the State’s evidence — to having weapons while under disability cases across our nine-county Southern Ohio footprint. Where the evidence supports it, we negotiate for reduction or dismissal; where it does not, we are prepared to try the case.
Having Weapons While Under Disability — Common Questions
What is a 'disability' for this charge?
It's a legal status that prohibits firearm possession — such as being under indictment for or convicted of a felony of violence or a felony drug offense, or being drug- or alcohol-dependent. The State must prove the qualifying disability existed when you possessed the weapon.
Can I fight it if the gun wasn't mine?
Yes. The charge requires knowing possession. If the firearm was in a shared space and not actually under your control, the constructive-possession element is contestable — and an unlawful search can suppress the weapon entirely.
How serious is weapons under disability?
It's a third-degree felony carrying 9–36 months in prison, and it often travels with drug charges. Early work on the search and on possession is essential.
Talk to a Weapons Offenses Defense Attorney Today
If you or someone you love is facing a having weapons while under disability charge in Lawrence, Scioto, Jackson, Gallia, Athens, Adams, Meigs, Pike, or Ross County, call (740) 532-8744 for a free, confidential consultation. We have offices in Ironton and Chesapeake and respond the same business day in most cases.